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Tanzania decisions
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The High Court dismissed a reference challenging taxation, upholding the 3% instruction fee, rejecting double-taxation objections, and affirming a separate Tshs.130,000 award.
The Taxing Officer erred by applying the Nineth Schedule for instruction fees to the defendants instead of the Eleventh Schedule and by considering the lifespan of the suit rather than the time spent in hearing or arguments. The awarded instruction fee was excessive and reduced to Tshs 50,000,000/=. Application of more than one schedule and separate taxation of attendance fee are permissible.
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The taxed costs awarded by the Tribunal were reasonable, justified, and in accordance with the law, considering the value of the disputed land, the number of respondents, the duration of proceedings, and the relevant legal provisions. No proof beyond what was provided was required for instruction fee. The applicant's submissions were considered, and the complaint of excessive costs was unfounded.
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The taxing officer acted within the law and discretion by taxing attendance and instruction fees separately and by awarding TZS 25,000,000 as instruction fee, which was neither excessive nor based on wrong principles.
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The High Court dismissed a reference challenging taxation of instruction fees, holding that the taxing officer properly applied the Advocates Remuneration Order.
The Court of Appeal of Tanzania reduced an instruction fee from Tshs. 150 million to Tshs. 80 million, holding the earlier award was excessive and inconsistent.
The Taxing Officer found that the matters were of significant magnitude and complexity, justifying a substantial instruction fee, but reduced the claimed amount to a reasonable sum based on discretion and established principles.
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